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PeterSwaine · Jan 4, 2011, 09:38 AM

Hello
For some years I have cut myself off from any contact with my natural father. I consider my mother and stepfather as my parents.
My natural father has remarried and has a family. His wife is worried that I might lay claim to a portion of his assets when he dies.
Is there anything that I put in writing to their lawyer, that will totally disassociate me with any part of his assets when he dies.
Thanks

smoothy · Jan 4, 2011, 09:42 AM

All he has to do is leave you out of his will, and he really SHOULD have one. Then the only way you could get anything is via an expensive legal suit that you would have to win to get anything.

PeterSwaine · Jan 4, 2011, 09:59 AM

Hello again
My father has been told that legally he cannot exclude any son/daughter from his will. He states that by law each offspring is entitled to an equal portion of the estate/assets. Is there a legal disclaimer document that I could submit?
Thanks

joypulv · Jan 4, 2011, 11:17 AM

Someone is telling the facts wrong. An offspring can be left out of a will and there is absolutely no law stating how assets are to be distributed!
Some lawyers will advise that a will MENTION each immediate family member. They may suggest that you leave $1 or a trinket or write a paragraph about why someone is being treated differently. That is designed to counter any argument that the deceased 'forgot' someone while old and foggy in the mind.
You do not need to write to anyone about anything, and I wouldn't give his current wife the satisfaction anyway.

smoothy · Jan 4, 2011, 11:24 AM

A parent can give 100% of their assets to anyone other than their children upon their death if they so wish.

Most parents WANT to give their kids their estate, but they don't HAVE to.

I like joypulvs idea of leaving you something minor and of little value. THen the argument of having forgetten about you can't be rasied as easily.

excon · Jan 4, 2011, 11:30 AM

Originally Posted by PeterSwaine

Is there a legal disclaimer document that I could submit?.
Thanks

Hello Peter:

Even if there WAS such a document, it wouldn't be legal... You DO, by law, have a legal right to challenge the will. You cannot sign that right away. By the way, HOW much will you be turning down?? It's GOOD that the law is going to give you time to think about it.

excon